BILL ANALYSIS                                                                                                                                                                                                    Ķ



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          SB 9              Hearing Date:    4/28/2015
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          |Author:   |Beall                                                 |
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          |Version:  |4/15/2015                                             |
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          |Urgency:  |No                     |Fiscal:      |Yes             |
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          |Consultant|Eric Thronson                                         |
          |:         |                                                      |
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          SUBJECT:  Greenhouse Gas Reduction Fund:  Transit and Intercity  
          Rail Capital Program


            DIGEST:  This bill makes a number of significant changes to the  
          Transit and Intercity Rail Capital Program, including recasting  
          the program's mission to fund large, transformative projects and  
          restricting 90% of the funding to projects with a total cost of  
          $100 million or more.

          ANALYSIS:
          
          The Legislature enacted AB 32 (Nuņez, Chapter 488), the Global  
          Warming Act of 2006, which requires the California Air Resources  
          Board (ARB) to establish a statewide greenhouse gas (GHG)  
          emissions limit such that by 2020 California reduces its GHG  
          emissions to the level they were in 1990.  The Cap-and-Trade  
          Program is one of ARB's key AB 32 implementation programs.   
          Under this program, ARB establishes an overall limit - or "cap"  
          - on GHG emissions from specified industries.  As part of the  
          Cap-and-Trade Program, ARB auctions off GHG emission allowances  
          as mitigation fees.  To date, ARB has completed 10 auctions,  
          taking in a total of $1.6 billion in proceeds.  These funds may  
          only be used to facilitate the achievement of GHG emission  
          reductions in California consistent with AB 32.  

          In 2014, the Legislature enacted SB 862 (Committee on Budget and  
          Fiscal Review, Chapter 36), a budget trailer bill which  
          establishes a long-term cap-and-trade expenditure plan by  
          continuously appropriating portions of the funds for designated  







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          programs or purposes.  One of these programs is the Transit and  
          Intercity Rail Capital Program (TIRCP), to which SB 862 commits  
          10% of the annual cap-and-trade revenues.

          Existing law specifies that the TIRCP fund both capital  
          improvements and operational investments in order to modernize  
          California's intercity, commuter, and urban rail systems as well  
          as achieve the following specific policy goals:
          1)Reduce GHG emissions
          2)Expand and improve rail service to increase ridership
          3)Integrate various rail operators' systems, including  
            high-speed rail
          4)Improve rail safety

          Existing law appropriates the funds to the California  
          Transportation Agency, and assigns the Transportation Agency  
          with the responsibility of evaluating funding applications and  
          adopting a list of projects.  Prior to commencing the program,  
          the Transportation Agency is required to develop draft program  
          guidelines containing selection criteria.  Finally, existing law  
          requires the California Transportation Commission (CTC) to award  
          grants pursuant to the list of projects chosen by the  
          Transportation Agency.

          In evaluating project applications, SB 862 requires the  
          Transportation Agency to consider:

          1)Specified cobenefits, including:

                 Reduction of auto vehicle miles traveled
                 Promotion of housing development near rail stations 
                 Expansion of existing rail and transit systems
                 Implementation of clean-vehicle technology
                 Promotion of active transportation  
                 Improvements to public health 

          1)Whether the project was developed through the collaboration of  
            two or more rail operators

          2)Geographic equity

          3)Consistency with the adopted sustainable communities  
            strategies and the recommendations of regional agencies

          Finally, existing law establishes a programmatic goal for the  








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          TIRCP to provide at least 25% of available funding to projects  
          that provide a direct, meaningful, and assured benefit to  
          disadvantaged communities.

          This bill makes a number of significant changes to the TIRCP,  
          including:

          1)Recasting the TIRCP mission to focus on large, transformative  
            capital improvements and eliminating operations funding as an  
            eligible use of the funds.
          2)Specifying that the Transportation Agency dedicate 90% of the  
            funds to projects with a total cost of $100 million or more,  
            and 10% to projects costing less than $100 million.

          3)Adding evaluation criteria, including: 

                 Reducing the number of auto trips
                 Enhancing connectivity and coordination of all transit  
               in a region
                 Providing direct connectivity to the proposed high-speed  
               rail system
                 The extent to which a project reduces GHG emissions 
                 The extent to which a project leverages other sources of  
               funding 

          1)Creating a process by which the Transportation Agency adopts a  
            five-year estimate of available revenues for the TIRCP and an  
            accompanying program of projects.

          2)Enabling the Transportation Agency to enter into multi-year  
            funding agreements with eligible applicants.

          3)Expanding eligible applicants from only rail-system operators  
            to include bus systems as well.

          4)Setting up a process by which a grant recipient can receive  
            what is called a Letter of No Prejudice (LONP) from the  
            Transportation Agency, which enables the recipient to spend  
            alternative funds on a project with the promise of future  
            reimbursement from cap-and-trade revenues.

          COMMENTS:

          1)Purpose.  According to the author, the Legislature created the  
            TIRCP within the cap-and-trade framework to fund transit  








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            projects, which are critical to reaching California's  
            environmental and economic goals for the future.

            The author contends that large-scale transit expansion  
            projects would result in the "biggest bang for the buck" when  
            it comes to reducing GHG emissions because they add  
            significant capacity to existing public transit systems  
            operating in heavily congested, urbanized areas with high  
            concentrations of pollutants.  This additional transit  
            capacity is essential to accommodate substantial ridership  
            growth that would result in a shift from solo driving to  
            public transit.  The author believes this mode shift needs to  
            occur in order to reduce vehicle miles traveled and, thus, GHG  
            emissions.

            Proponents of the bill argue, however, that the TIRCP is not  
            structured in a way that would allow it to accommodate  
            large-scale transit expansion projects that need a more  
            sizable amount of cap-and-trade dollars in order to be built.   
            This bill seeks to address this issue by incorporating into  
            the TIRCP a number of concepts that have been successfully  
            used for other state and federal transportation funding  
            programs that have the ability to allocate resources to  
            large-scale projects, such as the state Traffic Congestion  
            Relief Program, the State Transportation Improvement Program,  
            and the federal New Starts Program.

          2)Existing TIRCP guidelines.  As previously stated, SB 862  
            requires the Transportation Agency, through a public process,  
            to develop guidelines for the TIRCP before soliciting  
            applications for funding.  These guidelines were released  
            February 6, 2015.  The Transportation Agency is now in the  
            process of evaluating applications and awarding grants to  
            applicants for the 2015-16 fiscal year.  

            The adopted guidelines state that the Transportation Agency  
            "intends to fund a small number of transformational projects  
            that improve the statewide transportation network."  The  
            guidelines also state, however, that no single project may  
            exceed 33% of available funds in any given year.  For the  
            upcoming fiscal year, in which $25 million is available for  
            the TIRCP, that would mean the Transportation Agency will make  
            no award more than $8.3 million.  It is unclear how such a  
            small amount of money can contribute much to a  
            transformational project.  In future years, if the  








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            Transportation Agency retains its 33% restriction and the  
            available funding increases as expected, grants may grow to  
            roughly $60-70 million.  Even that much, however, in one year  
            may not be enough to make a significant contribution to a  
            truly transformational project.

          3)Problems this bill tries to address.  One problem with the  
            existing TIRCP guidelines is that large, transformative  
            projects which this program is trying to target are likely to  
            cost billions of dollars and take years, even decades, to  
            complete.  A one-time influx of money may be helpful, but the  
            nature of these long-term projects requires a long-term  
            commitment in order to ensure completion of the project (and  
            the requisite GHG emission reduction).  This bill sets in  
            place a system in which the Transportation Agency can make a  
            multi-year commitment to a project and therefore have an  
            impact in the type of project the Transportation Agency  
            envisions funding.  

            In addition, the existing guidelines state that the extent to  
            which these funds would be used to leverage funding from other  
            sources will be considered in the evaluation process.  Larger  
            projects tend to leverage the most state and federal funds,  
            but those funding programs typically require all funding to be  
            identified before awarding grants.  This bill enables projects  
            to qualify for various funding streams through the multi-year  
            commitment process as well as the LONP option.  

            Finally, this bill seeks to resolve a few apparent oversights  
            in SB 862.  First, existing law is ambiguous about what phases  
            of project development are eligible for funding, although the  
            TIRCP guidelines state that phases other than construction or  
            implementation are eligible.  This bill clarifies existing law  
            to state that all phases of project development are eligible  
            for funding.  Second, this bill inserts into existing law an  
            obvious requirement laid out in the TIRCP guidelines:  
            applicants should identify the funding sources and approach to  
            ensure ongoing operation of any new transit service created  
            through this program.  Finally, while the TIRCP guidelines  
            state that bus rapid transit projects are eligible for  
            funding, existing law clearly alludes to rail projects as the  
            focus of the program.  This bill clarifies that bus systems  
            are eligible recipients.  The committee may wish to consider  
            amending the bill to not only include bus systems, but ferries  
            as well.








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          4)Who should administer the TIRCP?  As stated previously,  
            existing law assigns the Transportation Agency the  
            responsibility of adopting guidelines and administering the  
            TIRCP.  The TIRCP created in existing law resembles to some  
            degree the Active Transportation Program in which the CTC  
            awards annual grants to applicants for active transportation  
            projects.  As envisioned in this bill, the TIRCP would  
            resemble a state program like the STIP, which is a multi-year  
            schedule of primarily road and highway expansion projects.  In  
            both of these instances, the CTC develops and adopts the  
            guidelines, administers the programs, and oversees the  
            distribution of the funds.  In fact, CTC is the agency  
            responsible for all such transportation programs.  It is  
            unclear why the Transportation Agency has hired staff and  
            developed expertise to administer the TIRCP and other similar  
            transportation programs when the CTC already has the expertise  
            and agency structure to do this work.  

          5)Opposition.  TransForm, an organization dedicated to  
            sustainable and equitable transportation and land-use  
            policies, opposes this bill because they fear the changes this  
            bill makes to the TIRCP will eliminate from eligibility many  
            projects within disadvantaged communities that might otherwise  
            qualify for funding.  As noted previously, existing law  
            requires that at least 25% of available funding for the TIRCP  
            must benefit disadvantaged communities.  Supporters of this  
            bill point out that this bill does not change the existing  
            requirement and, therefore, the Transportation Agency must be  
            able to demonstrate that the selected TIRCP projects provides  
            benefits to disadvantaged communities.  In fact, the TIRCP  
            guidelines note, "The highest rated applications that meet the  
            program objectives will be selected for programming, except  
            that the Transportation Agency may make adjustments to meet  
            the disadvantaged community goals of this program and provide  
            geographic equity."  

          Related Legislation:
          
          SB 862 (Committee on Budget and Fiscal Review, 2014) -  
          established a long-term cap-and-trade expenditure plan by  
          continuously appropriating portions of the funds for designated  
          programs or purposes.  

          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  Yes     








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          Local:  No


           POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          April 22, 2015.)
          
            SUPPORT:  

          City of San Jose
          Northern California Carpenters Regional Council
          Santa Clara Valley Transportation Authority
          Silicon Valley Leadership Group

          OPPOSITION:

          TransForm


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